A new trial has been granted because a prosecutor told a jury that a defendant had not provided “an innocent explanation” for his conduct or incriminating evidence at the scene of a robbery.

Justice Sharon Aarons wrote for a unanimous panel of the Appellate Division, Third Department, in People v. Rupnarine, 106580 that the Schnectady County prosecutor had gone beyond the “wide latitude” afforded prosecutors in their closing statements.

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